2006 Kansas Code - 79-15,113

      79-15,113.   Same; estate tax abatement refund fund; payment of abatements and refunds; interest. A refund clearing fund, designated estate tax abatement refund, not to exceed $50,000 shall be set apart and maintained by the director of taxation from estate tax collections and held by the state treasurer for the prompt payment of all abatements and refunds. If the director of taxation finds that a claim for refund duly filed by a personal representative should be allowed, or if a court upon a final judgment shall find that the estate tax, penalty or interest paid by a personal representative is in excess of the amount legally due, then the director of taxation shall issue the director's vouchers to the director of accounts and reports for the refund to the personal representative of such tax, penalty or interest together with interest provided for hereinafter. Upon receipt of such voucher properly executed and endorsed, the director of accounts and reports shall issue the director's warrants to the state treasurer for the payment to the personal representative out of the estate tax abatement refund fund. The director of taxation shall file a duplicate of such voucher and also a statement which shall set forth the reasons why such abatement or refund was allowed. Upon the allowance of an abatement or refund of any tax or interest paid, interest shall be allowed and paid on the amount of such abatement or refund at the rate prescribed and determined pursuant to K.S.A. 79-2968 and amendments thereto from the date such tax, penalty or interest was paid to the date the refund or abatement of estate taxes is made.

      History:   L. 1978, ch. 395, § 43; L. 1980, ch. 313, § 10; L. 1983, ch. 315, § 2; L. 1984, ch. 351, § 7; L. 1993, ch. 38, § 46; L. 1998, ch. 130, § 14; L. 1999, ch. 79, § 6; July 1.